Guidance for Minnesota Parents Considering Relocation
Child relocation comes up when the parent a child primarily lives with wants to move the child’s residence out of Minnesota. Parents pursue relocation for all kinds of reasons, from a new relationship to a job opportunity in another state. Minnesota family law does not let a parent simply pack up and go without meeting certain legal requirements first.
Perusse Family Law, PLLC helps parents on both sides of a relocation dispute understand what the law requires and what is at stake, whether you are the parent hoping to move or the parent trying to keep your child close.
When Permission Is Required to Relocate a Child
Under Minnesota law, whether a parent needs permission to move a child out of state depends entirely on whether the other parent has court-ordered parenting time. If the non-relocating parent has been granted parenting time or visitation with the child, the parent wishing to relocate cannot move the child out of state without either the other parent’s agreement or a court order allowing the move.
If the non-relocating parent has not been granted parenting time, no permission or court order is required before moving. This also applies to mothers of children born outside of marriage when no custody or parenting time order has ever been issued. In that situation, a mother has automatic sole custody of the child and does not need the father’s permission or a court order to relocate with the child.
Getting Permission for Child Relocation in Minnesota
When the other parent does have parenting time, the relocating parent has two paths forward: reach an agreement with the other parent, or ask the court for permission to move. Either way, the relocating parent should notify the other parent in writing as early as possible, laying out where the move would take the child and the reasons behind it.
If the parents reach an agreement, that agreement should be put in writing and filed with the court so it becomes part of the official record. If the non-relocating parent objects instead, they need to file that objection with the court directly. Once an objection is on file, a judge steps in to decide whether the proposed move serves the child’s best interests or would put the child’s emotional or physical well-being at risk.
What to Include in Your Written Relocation Notice
A relocation notice should give the other parent enough detail to make an informed decision about whether to agree or object. At minimum, it typically should include:
- The proposed new address, or at least the city and state if the exact address is not yet finalized
- The intended moving date
- The reasons behind the move
- A proposed revised parenting time schedule that accounts for the new distance
- Contact information for the relocating parent going forward
Taking the time to put together a clear, complete notice does more than check a legal box. It signals good faith to the other parent, which can go a long way toward settling the move by agreement instead of ending up in front of a judge.
The Evidentiary Hearing Process
After a non-relocating parent files an objection, the court may hold an evidentiary hearing, which functions much like a trial where both sides present testimony and evidence. This hearing is not automatic. A judge can rule on the relocation request based solely on the written filings if a hearing is not scheduled.
Regardless of whether the matter is decided through a hearing or through paperwork alone, the parent seeking to relocate generally carries the burden of proving the move serves the child’s best interests. That burden shifts in cases involving a documented history of domestic violence by the non-relocating parent. When that history exists, it becomes the non-relocating parent’s job to show that the move would not be in the child’s best interests.
Court Resources in Contested Relocation Cases
When parents cannot agree, Minnesota courts have a few tools available to help sort out disputed facts before or during a hearing:
- The court may appoint a guardian ad litem to look into the family’s situation firsthand and report back with a recommendation for the judge.
- The court may also order a custody evaluation, a more detailed look at each parent’s home life and how well it fits the child’s specific needs.
- Mediation may be available as a way to reach an agreement without a full evidentiary hearing.
These tools give the court a clearer picture of what’s actually in the child’s best interest, rather than relying solely on each parent’s account of the situation.
Risks of Relocating Without Permission
A parent who moves a child out of Minnesota without the other parent’s agreement or a court order takes on significant legal risk. If the non-relocating parent brings the issue to court, a judge can order sanctions against the relocating parent, including compensatory parenting time to make up for what the other parent missed during the unauthorized move.
Beyond compensatory parenting time, moving without permission can also work against the relocating parent if the underlying custody dispute ends up in front of a judge. Courts tend to view an unauthorized move as a sign that a parent has disregarded the other parent’s rights and the court’s authority, which can influence how the judge weighs custody and parenting time going forward.
Given these risks, it is almost always better to pursue the court process fully rather than relocate first and deal with the consequences afterward.
Best Interest Factors in Relocation Cases
Minnesota law directs judges to weigh a specific set of factors when deciding whether a proposed relocation serves a child’s best interests. These factors include:
- The nature, quality, extent of involvement, and length of the child’s relationship with each parent, along with any siblings, family members, or other important people in the child’s life
- The child’s age, needs, and developmental stage, and how the move is likely to affect the child’s physical, educational, and emotional development
- Whether the logistics and financial circumstances of the parties make it feasible to preserve the child’s relationship with the non-relocating parent by adjusting the existing parenting time schedule
- The child’s own preference, when the child is old enough to express a mature opinion
- Whether the relocating parent has a track record of supporting or undermining the child’s relationship with the other parent
- Whether the move stands to improve the overall quality of life for both the relocating parent and the child
- The underlying reasons each parent has for seeking or opposing the move
- If domestic violence is part of the case history, how the move would affect the safety and welfare of the child or the relocating parent
- Any other factor that bears on what is genuinely best for the child
If the evidence ultimately shows the move serves the child’s best interests, the judge will approve the relocation and adjust the custody and parenting time schedule to fit the new circumstances. If the evidence points the other way, the judge will deny the request and the child will remain in Minnesota.
Adjusting the Parenting Time Schedule After Relocation
When a judge approves a relocation, the existing parenting time schedule almost always needs to change to reflect the added distance between the parents. Rather than leaving the original schedule in place, the court typically restructures it around longer, less frequent blocks of time, such as extended stretches during summer break and school holidays, in place of the frequent shorter visits that worked when both parents lived nearby.
The court also frequently addresses the practical logistics that come with distance, including which parent is responsible for travel costs and transportation arrangements when the child moves between homes. Because these details can become a source of ongoing conflict if left vague, a well-drafted post-relocation schedule spells out specifics like pickup and drop-off locations, who covers airfare or mileage, and how holidays will rotate going forward.
Before You Relocate, Talk to a Minneapolis Child Relocation Attorney
Relocating a child out of Minnesota takes planning well before moving day arrives. Whenever possible, working out a new custody and parenting plan directly with your co-parent tends to make the transition smoother for everyone involved, especially the child. That is not always realistic, which is why it is worth reaching out to an attorney experienced in child relocation months ahead of a planned move rather than waiting until the situation becomes urgent.
Perusse Family Law, PLLC has spent more than 30 years guiding Minneapolis metro area parents through relocation disputes under Minnesota family law, from cases where both parents reach a quick agreement to contested matters that require a full evidentiary hearing. Cindy Perusse works closely with clients to build a relocation plan in advance and to prepare thoroughly for any hearing that becomes necessary. This helps prevent anything from catching you off guard partway through the process.
Moving without the court’s permission carries real risk, including sanctions such as compensatory parenting time for your co-parent. Contact Perusse Family Law, PLLC today to talk through your relocation plans before you make a move you cannot easily undo.
Minnesota Child Relocation Frequently Asked Questions
What if the other parent won’t respond to my written notice about the move?
If the other parent does not respond or does not formally object within the applicable timeframe, it does not automatically clear the way for the move. It is best to confirm with an attorney whether you have satisfied the legal requirements before relocating, since an informal lack of response is different from a filed agreement or a court order.
Do I need a lawyer to handle a relocation case, or can I file on my own?
Minnesota does not require an attorney to file for or object to a relocation. That said, these cases often come down to how well the evidence lines up with the best interest factors a judge has to weigh. An attorney can help make sure your filing addresses the right factors and that you are not missing a procedural step that could weaken your case.
Who pays for a guardian ad litem or custody evaluation in a relocation case?
Costs vary depending on the county and the specifics of the case. A guardian ad litem is often provided at no cost to the parents through the court system. In contrast, a custody evaluation ordered by the court may involve fees that the court allocates between the parents based on each parent’s financial circumstances. It is worth asking the court directly about cost allocation before either process begins.
Does a short move across the state border count as relocation?
Minnesota’s relocation law is triggered by moving the child’s residence outside Minnesota, not by distance alone. A move to a nearby city in a bordering state can trigger the same permission requirements as a move across the country, while a move within Minnesota, even a long one, does not fall under this particular law.
What if the parents already live in different states before a relocation request comes up?
When parents already live in separate states, a proposed move by the parent with primary residence still requires the same permission or court approval if the other parent has parenting time, regardless of how far apart the parents already are. The analysis focuses on whether the new location would further disrupt the child’s relationship with the non-relocating parent, not simply on whether the parents were already living apart.
Can a relocation order be changed later if circumstances change?
Yes. Custody and parenting time arrangements tied to a relocation can be modified later if there is a significant change in circumstances. However, the same best interests standard applies to any request to modify the arrangement.